Abdulrasheed Bawa, the former Chairman of the Economic and Financial Crimes Commission (EFCC), has reportedly sued the Department of State Services (DSS) for his arrest.
Visitodell reports that the former EFCC boss was released by the DSS on Wednesday night after being imprisoned without trial since June 14, 2023.
However, before his release, Bawa had a lawyer, Chinedu Oburu of Edu Oburu & Co., file a suit in the Lagos Division of the Federal High Court for the enforcement of fundamental rights on his behalf.
The former EFCC chairman requested a court ruling declaring his incarceration without trial unconstitutional and ordering his immediate release.
Oburu stated that he brought the action to protect the applicant (Bawa), the public, democracy, the rule of law, and the necessity to keep the anti-corruption ethos and momentum alive.
The FHC/CS/2108/23 litigation was filed between Abdulrasheed Bawa, the petitioner, and the SSS (DSS), the respondent, in accordance with Order 11 Rules 1, 2, and 3 of the Fundamental Rights (Enforcement Procedure Rules 2009, Sections 35(1)(4)(a), (5)(a)(b), 41(1), and 46 of the 1999 Constitution.
The former EFCC chairman sought the following directions in his complaint, which was filed on October 20, 2023:
“A declaration that the continued detention of the applicant from June 14, 2023, till date without arraignment or criminal prosecution is a flagrant abuse and violation of his fundamental rights to freedom, liberty, and personal dignity.
“An order directing the respondent to immediately release the applicant from custody and for further or other orders, as the court may deem fit to make in the circumstances.”
Oburu noted in an affidavit in support of the motion that the applicant was selected as the Chairman of the EFCC by the administration of former President Muhammadu Buhari, one of the government institutions established to fight and curb corruption in Nigeria.
He stated that the applicant was suspended from office by the Federal Government on June 14, 2023, and was then summoned for questioning by the respondent (SSS) in this case.
He said, “Upon arrival at the offices of the respondent on June 14, 2023, the applicant was promptly detained.
“That since June 14, 2023 (over 120 days), that the applicant was detained, he has remained in the respondent’s detention facility without any criminal charge or trial proffered against him till date.
“That the continued illegal detention of the Chairman of the EFCC without any charge is an affront and assault on the fight against corruption in Nigeria.
“The continued and indefinite detention of the EFCC chairman without any criminal charge is a necked assault on the Fundamental Rights of the Applicant as enshrined in the Constitution of the Federal Republic of Nigeria 1999 (as amended).”
